East Texas ATV Association

Work Hard, Play Harder
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Legal stuff we have to tell you
 
 
 
General
This Web site is provided “as is” without a warranty of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
This Web site may include inaccuracies or typographical errors. Changes and additions are routinely made to the information herein. East Texas ATV Association may make additions and/or changes to this Web site and/or the services described herein at any time.
Copyright
East Texas ATV Association owns copyright in this Web site and this Web site may only be used for informational purposes.
The content displayed on this Web site, including but not limited to the Web site's look and feel, layout, text, graphics, images, sound or video materials, designs, the URL and software (collectively "Content"), is either the property of, or used with permission by, East Texas ATV Association, and is protected by United States and international copyright and trademark laws. All rights, including but not limited to, copyright, title and interest in the Content belong to East Texas ATV Association and/or its respective owners. The compilation (meaning the collection, arrangement and assembly) of all-Content on this website is also the exclusive property of East Texas ATV Association and/or its respective owners and protected by U.S. and international copyright laws.
You are strictly prohibited from reproducing, republishing, copying, transmitting, distributing in any form, or by any means, any Content. You may not modify, adapt, reverse engineer, or in any way exploit any of the Content in whole or in part, except as expressly stated otherwise in Terms of Use or Visitor Agreement (if posted on this website) and/or the prior written consent of the owner of the Content. Any unauthorized use of the Content is a violation of copyright laws and trademark laws, and may also violate laws of privacy and publicity, and/or communications regulations and statutes. Any of the aforementioned violations may subject you to criminal penalties.
Trademarks
The trademarks, service marks, trade names, domain names and logos ("Trademarks") displayed on this Web site are either pending, registered, or unregistered Trademarks of East Texas ATV Association or their respective owners. You may NOT use any of the Trademarks without express written authorization of East Texas ATV Association or the respective owners.
If you have any questions with respect to these copyright and trademark notices or for further information on Intellectual Property matters please contact the East Texas ATV Association at: East Texas ATV Association 646 Neches Dr. Bullard, Texas 75757 or at info@eastexasatv.com
General
Thank you for visiting our Web site. This Agreement (the “Terms of Use” or “Usage Agreement”) sets forth the terms and conditions that apply to your access to and use of our Web site. By using our Web site, you agree to comply with all of the terms and conditions hereof. You shall be responsible for protecting the confidentiality of your password(s), if any. Please see our Privacy Policy for terms applicable to our data collection and use practices. Additionally, please see our Advertising or Member Policy for additional information related to advertising with or becoming a member of one of East Texas ATV Association’s Web sites.
We reserve the right to change the terms of this Usage Agreement, including our separate Privacy Policy, from time to time, as we deem appropriate. Such changes, modifications, additions or deletions shall be effective immediately upon posting unless otherwise indicated. We have no duty or obligation to inform prior users of this Web site that changes have been made, regardless of the scope and importance of the changes. We encourage you to periodically check back and review this Usage Agreement so that you always will know what terms and conditions apply to your access to and use of this Web site. Your continued use of our Web site after such changes are posted will be deemed to constitute your agreement to and acceptance of such changes. Our Web site may change, restrict access to, suspend, or discontinue this Web site, or any portion of this Web site, at any time.
We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, but not limited to, if we believe that customer conduct violates applicable law or is harmful to the interests of East Texas ATV Association, its parent, affiliates or licensees.
Ownership License
Our Web site and all content displayed on this site and all software, data and information used to provide this Web site, including text and images, method of display and presentation, source code, embedded routines and programs and other materials, as well as all copyrights, trademarks, patents and other intellectual property rights therein or thereto, are owned by East Texas ATV Association, its parent, affiliates or licensees, and are protected under worldwide copyright, trademark and other applicable laws and treaties. We grant you the limited and nonexclusive right and license to access or download content from this Web site solely for your personal and non-commercial use and as necessary in connection with the use of any services available through the Web site. Except as expressly authorized in this Usage Agreement, you may not modify, distribute, reproduce, display, or use this Web site or any elements thereof. All rights not expressly granted to you by us in this Usage Agreement are reserved to East Texas ATV Association and you acknowledge that you do not acquire any ownership rights by accessing or downloading copyrighted material from the Web site as authorized hereunder.
Certain Restrictions
Reproduction, re-transmission or re-presentation in any form, in whole or in part, of any content, programming code, images or graphics is strictly prohibited without prior express written permission of East Texas ATV Association. In addition to the foregoing limitations, you may not frame, squeeze back, overlay or employ other techniques to enclose or display the Web site, or any trademark, logo, content or other proprietary information (including images, text, page layout, or form) included on the Web site, with any other software or content of a third party. You may not use any meta tags or any other “hidden text” utilizing the names or trademarks of East Texas ATV Association, its parent, affiliates or licensees without their express written consent. Without limiting the generality of the other restrictions set forth herein, you may not access, monitor or copy any content or information of this Web site using any “robot”, “spider”, “deep link”, “scraper” or other automated means, methodology, algorithm or device or any manual process for any purpose
Links
This Web site may provide links or references to third party sites that East Texas ATV Association does not operate and which will allow you to leave the site or open an additional browser connecting you to the third party site. East Texas ATV Association has no responsibility for the content of such third party sites and shall not be liable for any damages or injury arising from that content or your use, reliance on or access to such third party sites. Any such links to third party sites are provided as merely a convenience to the users of this Web site, and such links do not imply endorsement by East Texas ATV Association of such other third party sites or the content contained therein. East Texas ATV Association disclaims all liability with regard to your access to such linked Web sites, and access to any other Internet Web sites linked to this Web site is at your own risk. You should consult the terms of use and privacy policy of any other Internet Web site. You release and discharge East Texas ATV Association, its parent, affiliates or licensees from any and all liability arising from your purchase or use of products or services by or through such third party sites.
Product Information and Warranties
Please note that this Terms of Use applies solely to products offered for sale directly by our Web site(s) and does not apply to products or services offered or posted by one of our advertisers or members. Please see our separate Advertising or Members Policy for additional information related to any products or services offered by our advertisers or members.
You may be able to purchase certain products directly from us on our Web site. With respect to those products, we make no express warranties whatsoever and disclaim any thereof, and all such products are sold “AS IS.” We will, however, try to pass along the benefit of any warranties provided by the third-party manufacturer. The terms of these warranties are generally included in the materials accompanying the product.
EXCEPT AS EXPRESSLY PROVIDED IN THIS WARRANTY SECTION, WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO ANY PRODUCT, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR ANY PARTICULAR PURPOSE, AND WE HEREBY DISCLAIM SAME.
In no event will we be liable, whether in contract, tort or under any other legal theory, for lost profits or revenues, loss of use or similar economic loss, for any indirect, special, incidental, consequential, punitive or similar damages arising out of or in connection with any products (including non-conforming products), or for any third-party claims against you relating to any products, even if we have been advised of the possibility of such claim. In no event will our monetary liability (whether in contract, tort or under any other legal theory) in respect of any product exceed the purchase price that you paid to us for it.
Your Account
To protect the member's account information, East Texas ATV Association assigns each member with either a unique user name or password. These unique identifiers are disclosed to the user via email immediately upon joining the East Texas ATV Association. Only members have the ability to modify their personal information and delete their ads as needed.
If you become a member of this Web site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You are entirely responsible for maintaining the confidentiality of your account information, including your password, and for any and all activity that occurs under your account. You agree to notify us immediately of any unauthorized use of your account or password, or any other breach of security. However, you may be held liable for losses incurred by us or any other user of, or visitor to, our Web site due to someone else using your account or password. Please see our Privacy Policy for further information regarding your account or password.
This Web site does not sell products or services for children, but it sells them to adults, who can purchase with a credit card. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in the exercise of our sole discretion.
Disclaimer of Warranties; Limitation of Liability
You understand that there may be delays, omissions, interruptions, inaccuracies, and/or other problems with the information, products, and services published on or promoted over this Web site, including information, products and services referred to, advertised or promoted on or sold though the Web site. This Web Site and all information, products or services available through this Web site are provided by us on an “as is” basis without warranties of any kind, either express or implied. Neither East Texas ATV Association, nor any of its parent, affiliates or licensees warrant that this Web Site will be uninterrupted or error free; nor do they make any warranty as to the results that may be obtained from use of this Web site, or as to the accuracy, reliability or completeness of content or any information, service, or merchandise provided through this Web site.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, NEITHER EAST TEXAS ATV ASSOCIATION, ITS PARENT, AFFILIATES NOR ITS LICENSEES SHALL HAVE ANY LIABILITY FOR ANY ERRORS, INACCURACIES, OMISSIONS, OR OTHER DEFECTS IN THE INFORMATION CONTAINED WITHIN THIS WEB SITE, OR ANY LIABILITY FOR DAMAGES OF ANY KIND ARISING FROM THE USE OR INABILITY TO USE THIS WEB SITE. EAST TEXAS ATV ASSOCIATION, ITS PARENT, AFFILIATES AND LICENSEES SPECIFICALLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED BY STATUTE OR OTHERWISE, INCLUDING WITHOUT LIMITATIONS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN NO EVENT SHALL EAST TEXAS ATV ASSOCIATION, ITS PARENT, AFFILIATES OR ITS LICENSEES OR PROVIDERS BE LIABLE FOR ANY DIRECT, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE ARISING OUT OF ACCESS TO, OR THE USE OF, OR INABILITY TO USE THIS WEB SITE OR ANY PRODUCTS OR SERVICES, INCLUDING OR RESULTING FROM LOST PROFITS OR DATA, WHETHER IN AN ACTION FOR CONTRACT OR TORT, EVEN IF EAST TEXAS ATV ASSOCIATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree that the entire liability of East Texas ATV Association, its parent, affiliates or licensees arising out of any kind of legal claim arising out of or otherwise related to this Web site will not exceed the amount you paid, if any, for the use of this Web site or any products or services purchased hereon out of which such liability allegedly arises. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, some of these limitations may not apply to you.
Use at Your Own Risk
We provide the material available through this Web site for informational purposes only. You may only use the material and the services available through this Web site for your personal and non-commercial use. Before you act on any information you’ve found on our site, you should independently confirm any facts that are important to your decision. IF YOU RELY ON ANY INFORMATION OR SERVICE AVAILABLE THROUGH THIS WEB SITE, YOU EXPRESSLY AGREE THAT YOU DO SO SOLELY AT YOUR OWN RISK. YOU UNDERSTAND THAT YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS YOU MAY INCUR THAT RESULTS FROM YOUR USE OF ANY SERVICE OR ANY INFORMATION, DATA OR MATERIALS DOWNLOADED FROM OR OTHERWISE PROVIDED THROUGH THIS WEB SITE.
Materials Submitted by Other Users
We cannot and do not review every posting made in our blogs, chat rooms, forums, and other areas available for public postings. You may well read any given posting before anyone on our staff does. You can expect these areas to include information and opinions from a variety of individuals and organizations other than us. We do not endorse or guarantee the accuracy of any posting, regardless of whether the posting comes from a user, from a celebrity or “expert” guest, or from a member of our staff.
Data Security
We have in place, what we believe to be, reasonable physical, electronic, and managerial procedures to safeguard and help prevent unauthorized access, maintain data security, and correctly use the information we collect online.
In general, while reasonable efforts are made to ensure the confidentiality of your private and personal information, we cannot warrant and do not guarantee the absolute safety and security of confidential data on the Internet.
Data Collection and Use
This Web site’s Privacy Policy governs identifiable information provided by you in electronic communications to the Web site. For a more complete description of our collection and use of personally identifiable information and other data, please read our Privacy Policy, the terms of which are incorporated in this Usage Agreement by reference.
Use of Communications Services
We may provide a variety of services on this Web site through which you can directly interact with others, such as email services, blogging services, chat rooms, communications tools, forums, classifieds and other user-submitted advertising, and other public posting areas (“Communications Services”), but we assume no responsibility for the views and opinions expressed. We encourage an open exchange of information and ideas, but want everyone to be able to enjoy these Communications Services.
We will not, in the ordinary course of business, review private electronic messages that are not addressed to us. However, we reserve the right to do so and to use any other forms of information available to us by virtue of your use of our Web site (including, for example, reverse IP address inquiry) in order to comply with the law, to enforce our Usage Agreement, or to protect the rights, property or safety of visitors to our Web site, our customers, the public or East Texas ATV Association and its parent, affiliates or licensees. We reserve the right (but assume no obligation) to review the content of this Web site, including blogs, message boards, chat rooms, listings, forums, and other information posted to the Web site to determine compliance with this Usage Agreement and operating rules established by us, and to satisfy any law, regulation or authorized government request. We shall have the right, in our sole discretion, to delete, move, refuse to post, or edit any messages, listings or other postings that come to our attention that we consider unacceptable or inappropriate, whether for legal or other reasons.
By using this Web site, you agree not to post, submit or transmit through this Web site any material that violates or infringes in any way upon the rights of others, that is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, misleading, or otherwise objectionable, that encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law, or that, without our express prior approval, contains advertising or any solicitation with respect to products or services. The sender of any communications to this Web site or otherwise to the owners of this Web site shall be solely responsible for the content and information contained therein, including its truthfulness and accuracy. By posting content, you represent and warrant that you either own or otherwise control all rights necessary for you to provide, post, upload or submit that content. Without limiting the foregoing, you shall be solely liable for any damage resulting from any infringement of copyrights, proprietary rights, or any other harm resulting from any content or other material submitted by you to or through this Web site and agree that you will indemnify and hold East Texas ATV Association harmless from and against any claims, damages or losses related to such content or other material.
We reserve the right to deny access to any Communications Service to anyone who violates this Usage Agreement or who, in our judgment, interferes with the ability of others to enjoy our Web site or infringes the rights of others. We will comply with the requirements of the law regarding disclosure of any messages to others, including law enforcement agencies.
Posted Materials
You may have the opportunity to post or otherwise submit information, concepts, inventions, techniques, know-how, data or ideas (collectively, “Ideas”) to us via this Web site, whether by submission to a public area of the Web Site (e.g., blogs or message boards) or by other communication to us through email or other means of electronic communication facilitated by the Web site. Although East Texas ATV Association does not claim ownership of content that its users post, by submitting communications, materials or Ideas to any public area of this Web site, you grant East Texas ATV Association, its parent, affiliates and licensees the royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, aggregate, translate, publicly display, publicly perform and distribute such material and ideas (in whole or in part) alone or as incorporated into other works in any form, media or technology now known or hereafter on a worldwide basis. You also permit any other user of this Web site to access, view, store or reproduce the material or ideas for that user’s personal use. Such purposes may include disclosure to third parties. By posting or disclosing such information, you hereby waive any claim that East Texas ATV Association misappropriated any such Ideas, materials or any portions of your communication.
Copyrights
East Texas ATV Association respects the rights of all copyright holders and in this regard has adopted and implemented a policy that provides for the removal of content from the Web site under certain circumstances. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide East Texas ATV Association’s Copyright Agent the following information required by the Digital Millennium Copyright Act, 17 U.S.C. 512:
· A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
· Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
· Identification of the material that is claimed to be infringing or to be the subject of infringing activity, and information reasonably sufficient to permit us to locate the material;
· Information reasonably sufficient to permit us to contact the complaining party (e.g., address, telephone number and email address);
· A statement that the complaining party has a good faith belief that use of the material is unauthorized; and
· A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
For copyright inquiries, including notification of claims of infringement, please contact: East Texas ATV Association’s Copyright Agent at: East Texas ATV Association 646 Neches Dr. Bullard, Texas. 75757 or info@eastexasatv.com

Violation of These Terms of Use
We may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Web site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property, or the rights or property of visitors to or users of the Web site, including our customers. We reserve the right at all times to disclose any information that we deem necessary to comply with any applicable law, regulation, legal process or governmental request. We also may disclose your information when we determine that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that we may preserve and store any communication by you with us through the Web site or any service offered on or through the Web site, and may also disclose such data if required to do so by law or we determine that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce this Usage Agreement, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of East Texas ATV Association, its employees, users of or visitors to the Web Site, and the public.
Without limiting any other portion of this Terms of Use Agreement, you agree that we may, in our sole discretion and without prior notice, terminate your access to the Web site and/or block your future access to the Web site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Web site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to us, for which monetary damages would be inadequate, and you consent to our obtaining any injunctive or equitable relief that we deem necessary or appropriate in such circumstances. These remedies are in addition to any other remedies East Texas ATV Association may have at law or in equity.
Miscellaneous
Use of this Web site by you for spamming is strictly prohibited. By using this Web site, you agree not to use information concerning other users of this Web site, or any items such users have listed or searched for on this Web site (including listing information, user names, email addresses, telephone numbers, and/or other information), for any purpose other than to explore the potential purchase or sale of the item. You may not post information directed to or collect personal information from any minor.
The laws of Texas, U.S.A, govern this Terms of Use agreement. You hereby consent to the exclusive jurisdiction and venue of courts in Texas, U.S.A., in all disputes arising out of or relating to the use of this Web site. Use of this Web site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and East Texas ATV Association as a result of this agreement or use of this Web site.
You agree that all notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You shall use this Web site for lawful purposes only. Any conduct by you that in our judgment and discretion restricts or inhibits any other person from using or enjoying our Web site will not be permitted.
You agree that we may, in our sole discretion and without prior notice, terminate your access to the Web site, which includes any discontinuance or material modification of the Web site or any service offered on or through the site, or due to any unexpected technical issues or problems. We reserve the right to deny access to the site at our own discretion. Any and all rights not expressly granted herein are exclusively reserved to East Texas ATV Association. You agree that East Texas ATV Association will not be liable to you or to any third party for termination of your access to the site as a result of any violation of these Terms of Use.
Questions
If you have further questions that were not addressed in the above policy, please contact us at:
East Texas ATV Association 646 Neches Dr. Bullard, Texas. 75757 or info@eastexasatv.com
The following describes the terms on which East Texas ATV Association offers you access to our services.
Introduction
Welcome to East Texas ATV Association. By using the services on the East Texas ATV Association Web sites (East Texas ATV Association and other related websites where this agreement appears) (the “Sites”), you are agreeing to the following terms, (the "Agreement" or "User Agreement") with East Texas ATV Association Inc. as well as the Terms of Use as posted on each of the Sites.
Before you may become an advertising user or member of East Texas ATV Association Sites, you must read and accept all of the terms and conditions in, and linked to, this User Agreement, our Terms of Use and Privacy Policy. We strongly recommend that, as you read this User Agreement, you also access and read any linked information. This agreement applies on any of our domains and sub domains.
Using East Texas ATV Associations Sites
While using the Sites, you will not:
· Post content or items in an inappropriate category or areas on the Sites.
· Violate any laws, third party rights, or our policies.
· Use the Sites if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from our Sites.
· Fail to deliver payment in any transaction for any Third Party Goods or Services (as defined below) provided to you by a third party purveyor, unless that third party has materially changed the good or service from what was originally listed, a clear typographical error is made, or you cannot authenticate the third party purveyor's identity.
· Fail to deliver goods or services purchased from you, unless the interested third party fails to meet the posted terms, or you cannot authenticate the interested third party's identity.
· Manipulate the price of any good or service or interfere with other user's listings.
· Circumvent or manipulate our fee structure, the billing process, or fees owed to East Texas ATV Association;
· Post false, inaccurate, misleading, defamatory, or libelous content (including personal information);
· Transfer your East Texas ATV Association account (including feedback) and User ID to another party without our consent;
· Distribute or post spam, chain letters, or pyramid schemes.
· Distribute viruses or any other technologies that may harm East Texas ATV Association, or the interests or property of the users of East Texas ATV Association Sites.
· Copy, modify, or distribute content from the Sites and East Texas ATV Association’s copyrights and trademarks.
· Harvest or otherwise collect information about users, including email addresses, without their consent.
Abusing East Texas ATV Association Sites
East Texas ATV Association and our user community (the “Community”) work together to keep the Sites working properly and the Community safe. Please report problems, offensive content, and policy violations to us.
Without limiting other remedies, we may limit, suspend, or terminate our service and user accounts, prohibit access to our website, remove hosted content, and take technical and legal steps to keep users off the Sites if we think that they are creating problems, possible legal liabilities, or acting inconsistently with the letter or spirit of our policies. We also reserve the right to cancel unconfirmed accounts.
Fees and Services
Our Sites offer a service that brings together third party purveyors and interested third parties in connection with transactions involving merchandise and/or services (“Third Party Goods or Services”). Information about Third Party Goods or Services is supplied by third party purveyors and not by East Texas ATV Association. The price and other terms of any transaction remain subject to direct negotiation between the parties to the transaction. The prices listed by third party purveyors on the Sites often exclude sales tax, finance charges and other charges including, without limitation, title, license, regulatory, and compliance fees. Though we hope that all who visits our Site will act honorably and treat each other fairly, we cannot verify the information third party purveyors supply or guarantee Third Party Goods or Services they offer. Nor can we assure the third party purveyor that any check he/she gets from interested third parties for any Third Party Goods or Services is valid. When using these Sites to offer Third Party Goods or Services, we urge third party purveyors to use the same common sense and good judgment one would use in offering Third Party Goods or Services through, or responding to, a classified ad in the newspaper. There is no substitute for healthy skepticism and one’s own good judgment.
When you offer any Third Party Goods or Services through the Sites, you must be prepared to provide those goods or services upon the terms on which you have listed them, including, where applicable, transfer of title or ownership. To list Third Party Goods or Services on the Sites, third party purveyors are required to provide certain identifying and contact information. The information must accurately identify the third party purveyor and the method of contact must permit interested third parties to communicate directly with the third party purveyor. You may not charge any interested third party for information about any Third Party Goods or Services you list on the Sites, nor may you use our Sites to promote, without our prior written permission, any other website, product or service. East Texas ATV Association reserves the right to deny use of the Sites to anyone who does not comply with these requirements or who otherwise uses our Sites in a manner we consider inappropriate.
Responsibility for the information contained in listings lies with each third party purveyor. You alone are responsible for the material you post and for the content, including, without limitation, all email messages transmitted through the Sites. Nothing will undermine a user's confidence in Third Party Goods or Services you offer faster than inaccurate statements or misleading representations about the Third Party Goods or Services. And since any erosion of user confidence in you is likely to be accompanied by erosion of user confidence in us, we require that the information you supply be accurate and that, in all respects, you treat the users to the Sites fairly and honorably.
Though we cannot monitor every transaction that originates on this Site, we may perform random quality assurance tests to confirm that those who offer Third Party Goods or Services over the Sites are prepared to provide the goods or services on the terms on which they advertise them. By using our advertising service, you agree to cooperate in these random quality assurance tests. If our tests reveal, or we otherwise learn, that a third party purveyor is engaging in "bait and switch" or other unfair or deceptive practices, East Texas ATV Association reserves the right to deny that third party purveyor use of the advertising service.
We retain the right to deny access to anyone who we believe has violated these terms or any other term of this Agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to East Texas ATV Association. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Terms of Use, User Agreement, Privacy Policy or to protect the rights, property or safety of visitors to our Sites, our advertisers, the public or East Texas ATV Association.
By submitting a listing through our advertising service, you agree to pay the fees specified for the listing package you select, regardless of whether you are successful in consummating a transaction of Third Party Goods or Services as a result of the listing. Take care in selecting your listing package and inputting your listing information; listing fees are generally not refundable, even if you provide erroneous information or fail to consummate a transaction of Third Party Goods or Services.
We reserve the right to reject any ad copy. All orders are subject in all respects to our current rules and regulations and current demands upon advertising space. We reserve the right to edit, reclassify, revise, or cancel any advertisement at any time. Rates and specifications are subject to change. We retain the right to deny access to anyone who we believe has violated these terms or any other term of this agreement. We will not, in the ordinary course of business, review the content of private electronic messages that are not addressed to East Texas ATV Association. However, we may occasionally release information concerning such communications when release is appropriate to comply with law (including disclosure in response to a request from a law enforcement agency), to enforce our Terms of Use, User Agreement, Privacy Policy or to protect the rights, property or safety of visitors to our Sites, our advertisers, the public or East Texas ATV Association. We do not knowingly accept advertising that discriminates or intends to discriminate based on race, color, religion, sex, national origin, handicap or familial status. Publisher accepts no liability for error or omission. NO REFUNDS AFTER PUBLICATION DEADLINE.
Unless otherwise stated, all fees are quoted in U.S. Dollars. You are responsible for paying all fees and applicable taxes associated with the Sites in a timely manner with a valid payment method. If your payment method fails or your account is past due, we may collect fees owed using other collection mechanisms. (This includes charging other payment methods on file with retaining collection agencies, legal counsel and us.)
Content License
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
Liability
You will not hold East Texas ATV Association responsible for other users' actions or inactions, including things they post. The Sites are a venue to allow anyone to consummate transactions involving Third Party Goods or Services, at any time, from anywhere, in a variety of pricing formats. We are not involved in the actual transaction between third party purveyors and interested third parties. We have no control over and do not guarantee the quality, safety or legality of Third Party Goods or Services advertised, the truth or accuracy of listings, the ability of third party purveyors to sell items, the ability of interested third parties to pay for items, or that an interested third party and a third party purveyor will actually complete a transaction.
We do not transfer legal ownership of items from the third party purveyor to an interested third party, and nothing in this Agreement shall modify the governing provisions of Uniform Commercial Code § 2-401(2), under which legal ownership of goods are transferred upon physical delivery of the goods to the interested third party by the third party purveyor. Unless the interested third party and the third party purveyor agree otherwise, the interested third party will become the lawful owner of the goods upon physical receipt of the goods from the third party purveyor, in accordance with Uniform Commercial Code § 2-401(2). Further, we cannot guarantee continuous or secure access to our services, and operation of the Sites may be interfered with by numerous factors outside of our control. Accordingly, to the extent legally permitted, we exclude all implied warranties, terms and conditions. We are not liable for any loss of money, goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of our Sites. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Our liability for an error will not exceed the cost of the space occupied by the error, and in no event shall our liability for your use of our classified advertising services exceed the amount you paid for the use of the services.
Release
If you have a dispute with one or more users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."
Access and Interference
Much of the information on the Sites is updated on a real-time basis and is proprietary or is licensed to East Texas ATV Association by our users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access the Sites for any purpose without our prior, express written permission.
Additionally, you agree that you will not:
· Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
· Copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the Sites without the prior express written permission of East Texas ATV Association and the appropriate third party, as applicable;
· Interfere or attempt to interfere with the proper working of the Sites or any activities conducted on the Sites; or
· Bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Sites.
Privacy
We do not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We use your information only as described in the privacy policy. We view protection of users' privacy as a very important Community principle. We store and process your information on computers located in the United States that are protected by physical as well as technological security devices. You can access and modify the information you provide us and choose not to receive certain communications by signing-in to your account. For a complete description of how we use and protect your personal information, see our privacy policy. If you object to your information being transferred or used in this way please do not use our services.
Indemnity
You will indemnify and hold us (and our officers, directors, agents, subsidiaries, joint ventures and employees), harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of or relating to your breach of this Agreement, or your violation of any law or the rights of a third party.
No Agency
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.
Notices
Except as explicitly stated otherwise, legal notices shall be served on East Texas ATV Association's national registered agent (in the case of East Texas ATV Association) or to the email address you provide to East Texas ATV Association during the registration process (in your case). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, we may give you legal notice by mail to the address provided during the registration process. In such case, notice shall be deemed given three days after the date of mailing.
Law and Forum for Disputes
This Agreement shall be governed in all respects by the laws of the State of Texas as they apply to agreements entered into and to be performed entirely within Texas between Texas residents, without regard to conflict of law provisions. You agree that any claim or dispute you may have against East Texas ATV Association must be resolved by a court located in [Tyler, Texas]. You agree to submit to the personal jurisdiction of the courts located within Tyler, Texas for the purpose of litigating all such claims or disputes.